State of Illinois
91st General Assembly
Legislation

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91_HB2283

 
                                              LRB9104558MWgcB

 1        AN  ACT providing for the State of Illinois to enter into
 2    an  agreement  with  Missouri  and  Iowa  to  establish   the
 3    Mid-America Port Commission.

 4        Be  it  enacted  by  the People of the State of Illinois,
 5    represented in the General Assembly:

 6        Section 1.  Short title.  This Act may be  cited  as  the
 7    Mid-America Port Commission Agreement Act.

 8        Section  5.  Agreement.   The  State of Illinois ratifies
 9    and approves the Mid-America Port  Commission  Agreement  and
10    enters   into  that  Agreement  with  Missouri  and  Iowa  in
11    substantially the following form:

12                              AGREEMENT
13        This agreement shall be known as and may be cited as  the
14    "Mid-America   Port  Commission  Agreement".  This  agreement
15    allows for the states of Illinois and Iowa to join the effort
16    of the state of Missouri for developing the Mid-America  port
17    commission.

18                           PORT COMMISSION
19        There  is  created  a  Mid-America  port commission to be
20    governed by a nine-member port commission. The  governors  of
21    Missouri,  Illinois  and Iowa shall appoint one member to the
22    port commission in accordance with the laws of the respective
23    state. Each state shall also be represented  by  two  members
24    elected  through  the  county  governance in the geographical
25    jurisdiction of the  port  commission.  The  port  commission
26    members shall hold office for a period of six years. The port
27    commission  members  shall  elect  a  chairperson of the port
28    commission after all the members are selected.  The  position
29    of  chairperson  shall  rotate  among  the Missouri, Iowa and
30    Illinois members for two-year periods. A member of  the  port
 
                            -2-               LRB9104558MWgcB
 1    commission shall not serve more than two terms.

 2                        POWERS OF COMMISSION
 3        The  port  commission  shall  have  the power to acquire,
 4    purchase, install, lease,  construct,  own,  hold,  maintain,
 5    equip,  use,  control  or  operate ports, harbors, waterways,
 6    channels, wharves, piers, docks, quays,  elevators,  tipples,
 7    compresses,    bulk   loading   and   unloading   facilities,
 8    warehouses, dry docks,  marine  support  railways,  tugboats,
 9    ships, vessels, shipyards, shipbuilding facilities, machinery
10    and  equipment,  dredges  or any other facilities required or
11    incidental to the construction, outfitting,  dry  docking  or
12    repair of ships or vessels, or water, air, or rail terminals,
13    or  roadways  or  approaches  thereto, or other structures or
14    facilities necessary for the convenient use of  the  same  in
15    the  aid  of  commerce,  including  the  dredging, deepening,
16    extending, widening, or  enlarging  of  any  ports,  harbors,
17    rivers,   channels,  or  waterways,  the  damming  of  inland
18    waterways,  the  establishment  of   a   water   basin,   the
19    acquisition  and  development  of  industrial  sites,  or the
20    reclaiming of submerged lands.

21        Section 10.  Jurisdiction.  Adams, Brown, Cass,  Hancock,
22    Pike,  Schuyler,  and  Scott  Counties  in  Illinois  and any
23    additional counties that may  be  added  to  the  Mid-America
24    Intermodal  Authority  Port  District  are  included  in  the
25    jurisdiction of the Mid-America Port Commission.

26        Section 15.  Powers.
27        (a)  Any   power  or  powers,  privileges,  or  authority
28    exercised or capable of exercise by a public agency  of  this
29    State   may   be  exercised  and  enjoyed  jointly  with  the
30    Mid-America Port Commission according to the powers delegated
31    to the commission pursuant to this Act.
32        (b)  A public agency of  this  State  may  enter  into  a
 
                            -3-               LRB9104558MWgcB
 1    letter  of  understanding  with the Commission to advance the
 2    purposes of the Commission.
 3        (c)  The Mid-America Port Commission  shall  exercise  no
 4    control  over  the operation of port districts established by
 5    any other law of this State, except  by  voluntary  agreement
 6    between the port district and the Commission.

 7        Section 20.  Appointment of commissioners; vacancy.
 8        (a)  Within 90 days after the effective date of this Act,
 9    the   Governor   shall  appoint  one  commissioner  from  the
10    Mid-America Intermodal Authority Port District Board  to  the
11    Mid-America  Port  Commission  created  by  agreement between
12    Illinois, Missouri, and Iowa.
13        (b)  Within 90 days after the effective date of this Act,
14    the Mid-America  Intermodal  Authority  Port  District  Board
15    shall   appoint  2  commissioners  to  the  Mid-America  Port
16    Commission.
17        (c)  A vacancy in the office  of  commissioner  shall  be
18    filled  by  appointment  of  the  Governor,  in the case of a
19    vacancy in the office of  a  commissioner  appointed  by  the
20    Governor,  or  by  the  Mid-America Intermodal Authority Port
21    District Board, in the case of a vacancy in the office  of  a
22    commissioner   appointed   by   the   Mid-America  Intermodal
23    Authority Port District Board.

24        Section 25.  Term of office.  Each commissioner shall  be
25    appointed  to  serve a term of 6 years.  At the expiration of
26    the term of the commissioner appointed by the  Governor,  the
27    Governor  shall appoint a successor who shall hold office for
28    6 years.  At the expiration of the  term  of  a  commissioner
29    appointed   by  the  Mid-America  Intermodal  Authority  Port
30    District Board, the  Mid-America  Intermodal  Authority  Port
31    District  Board  shall  appoint  a  successor  who shall hold
32    office for 6 years.   Each  commissioner  shall  hold  office
 
                            -4-               LRB9104558MWgcB
 1    until his successor has been appointed.

 2        Section   30.  Consent   and  approval  of  agreement  by
 3    Congress.  The Mid-America Port Commission has the  power  to
 4    apply  to  the  Congress of the United States for its consent
 5    and approval of  the  agreement.    In  the  absence  of  the
 6    consent  of  Congress  and  until the consent of Congress has
 7    been secured, the agreement shall be binding on the State  of
 8    Illinois  in all respects permitted by the law for the states
 9    of Illinois,  Missouri,  and  Iowa  without  the  consent  of
10    Congress  to cooperate, for the purposes enumerated in and in
11    the manner provided in the agreement.

12        Section 99.  Effective date.  This Act takes effect  upon
13    becoming law.

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